discrimination is the act to make a distinction, is an act of abuse and injustice that violates the right of the equality of opportunities. The discrimination like so, is not tolerated in any democratic society and it would not have to exist. This word is used of many forms, for example the statistical discrimination. Outside all context, it is the capacity to discern the qualities and to recognize the differences between the things (objects, animal or people). Normally, Violation talks about to of Right Equality of for Individual and social Life .

Positive and Negative discrimination

The discrimination denominates positiva when:

  • Observa the differences between groups of individuals in response to its problems or needs to be able to provide solution to them;

  • It favors to a group of individuals according to his characteristics and/or circumstances without harming from no way another one (s).

The discrimination denominates negativa when:

  • Realiza a prejudice with base in differences or subjective considerations ; in opposition to the cradles in the scientific observations.

  • It conducts a detrimental battle towards a group in specific, being based on these prejudices.

The previous thing generally represents the most common concept of discrimination. This article develops this meaning: social discrimination, racial, religious, sexual Direction or because of Sex, which is defined here taking a part from the article 1º of the Convention the International on the Elimination of all the forms of Racial Discrimination, paraphrasing it of inductive way like:

Forms of discrimination

One of the main sources of the inequality is the discrimination. According to Cesar Rodriguez, in its titled text Right to the equality, " the income, the social class and the race, factors such as the sort, the ethnic origin, the nationality the religious connection or the ideology política" they give rise to the discrimination forms.

Certain minority groups exist that they are not " indeed incorporados" (taken from Peter Schuck ) in the society. These groups are discriminated and they are in a position of " subordination perpetua" (expression taken from Straight and desaventajados groups of Gargarella), which is reflected in Economy (favored classes less), in Political (these groups do not have political representation) and in the social life. This type of discrimination is most evident, because she is the one that is seen in the day day; for example, racial Violence physical between gangs who occur in the United States or in Europe .

One of the best examples of discrimination was and continues being, in spite of many advances, the one of the community of Black Race ( Racism ) in the United States . Through history, this community been has put under a constant exclusion/discrimination on the part of some parts of the society. An example of this was the impossibility that in the past they had to accede to the education superior (sees Universities .

The right (judicial system) has been used like control element on the part of of the predominant groups, in order to maintain Status quo . The discrimination has been one of the main sources of Inequality, because, as certain groups are marginalized of the decisions, is deprived to them of certain Right fundamental, such as Health, social Security and Education, among others many.

Nevertheless, efforts have been made to stop the discrimination and to assure to these groups the respect to him to their rights through same exercise the right. An example of this was the legal reforms of decade of the 70, in which it had an operation so that they served as " obstacles against discriminación" (expression taken from the book social Emancipation and violence in Colombia, written by Rodrigo Uprimny and Mauritius Garci'a Villegas ). In the Colombian case we can see how Cuts to Constitutionalist has had a protagónico paper through its decisions, allowing that some of the groups before discriminated obtain representation now and the respect of their fundamental rights (Indigenous examples of this are Homosexual Unions and among others many).

These efforts do not have to stop, because all we are part of a single society, of a single community in which it is necessary to learn, in order to have a healthful and pacific coexistence, to understand and to accept Differences generated by the cultural multiplicity that exists ( Multiculturalidad is seen ). It is easy for any member of the society (whatever the sector to which it belongs) to desinvolucrar itself of the subject of the discrimination, mainly when it does not affect to him directly; it is more difficult, however, to become jumbled as much in the fight against the discrimination when this fight is born from waking up of brings back to consciousness, at individual level as at collective level.

Perhaps the discrimination, in any of its forms, does not get to never disappear. But it is necessary that the human being continues doing brings back to consciousness, as much in his own inner life like a his around (concerning the different communities from which the individual is comprising during its development: family, school, work, transport, business, company, institutions several, deport, et cetera), to generate brings back to consciousness as well in others. Other that, although different, are also the same. Then they are also human.

Discrimination by sort

The discrimination of sort or Sexism is a social phenomenon, since they are necessary representations of both sexes so that this situation can occur: sort does not exist an equality of from which to denounce the discrimination or inequality. On the contrary: the base of this phenomenon is the supposed supremacy of one of the sorts.

Whereas the term " sexo" it makes reference to the biological differences between men and women, " género" it describes the rolls, the functions, the rights and the responsibilities established by the society and that the communities and societies consider appropriate as much for the men as for the women. This series of assumptions, constructed from the biological differences between men and women, creates the sort identities and contributes, as well, to the sort discrimination.

When being a social elaboration, the sort is a very diffuse concept. Not only it changes with time, but also from a culture to another one and between the diverse groups within a same culture. Consequently, the differences are one social Construction and not an essential characteristic of individuals or groups and, therefore, the inequalities and the imbalances of being able are not a result " natural" of the biological differences.

The sort discrimination takes diverse forms of division to be able, some of whose aspects they include:

Human rights : Although the international laws guarantee equal rights to the men and to the women, this one is not the reality because, by reasons for sort, the right to the Earth and the property is refusing them, to the financial resources, the use and the education, among others, to the individuals.

Work : Anywhere in the world, as much the women as the men work. Nevertheless, the duties that the women carry out are socially invisible (less in account are taken, is spoken much less of them, occur by fact), since they tend to be of one more a more informal nature. Additionally, the men occupy the majority of the positions of being able and decision making in the public sphere, giving rise to that the decisions and policies tend to reflect the needs and preferences of the men, not of the women.

Advantages : The world-wide resources are distributed of very irregular form, not only between the different countries, but also between the men and the women of a same country. Although one calculates that they realize two third parts of the work in the world, the women obtain one third part of the income, and only own less than the 1 percent of the world-wide property.

In 1989 socialist Spanish Carmen Cerdeira presented/displayed before the Plenary session of Senate the proposal of law for the reform of Civil Code in the application of the principle of nondiscrimination because of sex.

Discrimination by sex

This type of discrimination difference of the discrimination by sort in the sense that, apart from which includes this discrimination (that is to say, a constitution of the social order according to the interests of the men like sort in front of the women, through the legitimation of its norms, the sustantivas relation with the society and policies), also it speaks of the sexual direction and the identities of sort. This type of discrimination usually appears by far more frequency on the part of the men towards the women who in opposite sense. It is characterized because:

  • the women more or less have opportunities at works that previously only were for men, and in addition,

  • the women have lower wages.

Discrimination by position question

One is the authoritarian attitude of Been expressed in its legislation and carried out by its beings and Civil servants Well by shelter and legal security either other reasons, oral Word or written of a government official of Bodies and forces of security of the state enjoys for presumption veracity, being able to contribute greater weight thus to a corrupt civil servant who to an honest citizen.

Legislation

The majority of the countries has international laws, treaties and even articles in the constitution dedicated to fight the discrimination.

At international level

The article 1 of Universal Declaration of the Human rights establishes that " All the human beings are born free and equal in dignity and rights and, equipped as they are of reason and brings back to consciousness, they must brotherly behave with the other. " ( Is seen Straight international .)

Argentina

In Argentina, Constitution indicates in his article 16, from the year 1860, that are no blood prerogatives, neither births, nor there are personal fueros nor of nobility.

In the constitution of 1994 gets up Convention the International on the Elimination of all the forms of Racial Discrimination (of 26 of April of 1968 ) and Universal Declaration of Human rights (of 10 of December of 1948 ).

Taking as it bases these norms, 3 of August was sanctioned of 1988 Law Antidiscrimación (Law Nº 23,529) .

Spain

Spain approved in 1978 its new Constitution, that it indicates, in its article 14, that the Spaniards are equal before the law, without some because of birth, race, sex, religion, opinion or any other condition or personal or social circumstance can prevail discrimination .

In article 13, it indicates that the foreigners will enjoy the same liberties, detailing in what right they are possible to be welcomed.

Mexico

Political constitution of the Mexican United States. Of the Individual Guarantees

Article 1o. - In the Mexican United States all individual would enjoy the guarantees that this constitution, which will not be able to be restricted nor to be suspended, but in the cases and with the conditions grants that she herself settles down.

This prohibited the slavery in the Mexican United States. The slaves of the foreigner who enter the national territory reached, by this only done, their freedom and the protection of the laws.

It is prohibited all discrimination motivated per ethnic or national origin, the sort, the age, the incapacities, the social condition, the conditions of health, the religion, the opinions, the preferences, the civil state or any other that attempt against the human dignity and intend annular or to reduce the rights and liberties of the people. - The man and the woman are equal before the law. This will protect the organization and the development of the family.

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